Distribution Of Death Compensation

With the continuous development of the society, the death compensation system has experienced the change from the unwritten law to the statute law. At the same time, this view that killed as injured has also been recognized by many people, which led to a phenomenon that the right of the Supreme life can not get relief. Although the legislation of death compensation gradually consummates in our country, but in the face of the difficulties of distribution of death compensation in reality,there are still great difficulties in judicial operation.The distribution of death compensation has been a hot issue in the field of judicial practice and academic circles,also become a topic of discussion.In our country, the concept of death compensation is proposed from the beginning to involved in the nature of the death compensation, the calculation of the standard and distribution of the specific provisions gradually.But the social phenomenon of "the same life and different price" still exists in our country,there are a series of litigation caused by the unfair distribution of compensation for death in close relatives of the deceased,which makes the judicial work more and more heavy.Based on the comparison of the distribution status quo of domestic and foreign, There are merits which for the Japan, Germany and other countries in the allocation of compensation for the death in the practical operation,combining with the actual situation of our country, by analyzing the different judicial status quo of each country to find the enlightenment to our country.As for a variety of disputes caused by unfair distribution of compensation for death in our country,firstly; we can clear the scope of close relatives of the main body,and unified the calculation standards and methods of distribution in the legislative and judicial;then,determine the distribution of rules and principles;as soon as possible to publish the standards which defined the extent of mental damage.